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 Post subject: More Criminal Code Details
PostPosted: January 28th, 2010, 4:45 pm 
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Joined: October 20th, 2009, 6:19 pm
Posts: 79
Location: Ontario
:mrgreen:
Quote:
Did knowingly present false and misleading information in respect to
the health and environmental risks associated with pesticide products
regulated by the Federal Government to Municipal Officials and
Councilors in a successful bid to influence the banning of pesticides
by said officials through deceit and fraudulent means and did there
by commit an offence contrary to Section 123 subsection 2 of the
Criminal Code (R.S., 1985 c. C-46).


Quote:
Municipal corruption

123. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

(a) to abstain from voting at a meeting of the municipal council or a committee of the council;

(b) to vote in favour of or against a measure, motion or resolution;

(c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

(d) to perform or fail to perform an official act.

Influencing municipal official

(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

(a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;

(b) threats or deceit; or

(c) any unlawful means.

Definition of “municipal official”

(3) In this section, “municipal official” means a member of a municipal council or a person who holds an office under a municipal government.


:mrgreen:
Quote:
Did knowingly mislead the public, lawn care industry and government
officials with the false pretence of having "peer reviewed studies"
and endorsements of the Canadian Paediatric Society in an effort to
defraud the lawn care industry access to products and there by commit
an offence in excess of five thousand dollars contrary to Section 380
subsection 1[color=#0000FF]Criminal Code (R.S., 1985 c. C-46)


Quote:
Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars


:mrgreen:
Quote:
Did in addition by impeding access to Health Canada approved
pesticide products through fraudulent means directly affect Ontario's
lawn industry's $1.3 billion market contrary to Section 380
subsection 2 of the Criminal Code (R.S., 1985 c. C-46)


Quote:
Fraud

Affecting public market

(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.


:mrgreen:
Quote:
Did by working together conspire to prevent the supply of Health
Canada approved pesticides in the Ontario market contrary to Section
45 subsection 1(a) and (d) Competition Act (R.S., 1985, c. C-34)


Quote:
Conspiracy

45. (1) Every one who conspires, combines, agrees or arranges with another person

(a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product,


(b) to prevent, limit or lessen, unduly, the manufacture or production of a product or to enhance unreasonably the price thereof,

(c) to prevent or lessen, unduly, competition in the production, manufacture, purchase, barter, sale, storage, rental, transportation or supply of a product, or in the price of insurance on persons or property, or

(d) to otherwise restrain or injure competition unduly,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten million dollars or to both.


:mrgreen:
Quote:
Did knowingly present false and misleading information through
medical reports in respect to the health and environment risks
associated with pesticide products regulated by the Federal
Government under the Pest Control Products Act and did there by
commit an offence contrary to Section 30 subsection 2 of the Pest
Control Products Act
.(2002, c.28)


Quote:
Offences

False or misleading information

30. (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information

(a) about the health or environmental risks or the value of a pest control product; or

(b) in response to a notice delivered under this Act.

False or misleading tests

(2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test.

Offence and punishment
(9) A person who contravenes any provision of this section is guilty of an offence and liable

(a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

(b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

_________________
Certified Landscape Exterminator


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